beta
(영문) 서울동부지방법원 2014.02.06 2013고단3232

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 6, 2007, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court on December 5, 2008, one year of imprisonment for the same crime at the same court on September 2, 2009, and two million won of a fine for the same crime, etc. at the Suwon District Court on September 2, 2009. On November 25, 2010, the Defendant was sentenced to one year and six months of imprisonment for the present building and fire prevention in the Sungnam Branch of Suwon District Court on November 29, 201, and completed the execution of the sentence in the Daegu Prison on November 29, 201.

【Criminal Facts】

The defendant is engaged in the business of driving the Crane car.

On October 19, 2013, the Defendant was under the influence of alcohol with 0.245% of blood alcohol level around 00:18, the Defendant driven the said car on the 152-lane road as Seoul Songpa-gu, Songpa-gu, Seoul, with a speed of about 30km from the side of the shoulder market to the subway tent.

At the time, there was a night and narrow side road, so that the driver engaged in the driving service has a duty of care to see the front line and to operate the steering and steering system accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (the age of 22) who was under way due to negligence in failure to accurately operate the steering direction and operation system while neglecting it, and was driven by the front part of the E-learning car driving by the Defendant.

As a result, the Defendant got injured by the victim F(22 years of age) and the victim G(22 years of age) who was on board the said passenger car in a state where it is difficult to drive the car normally due to the influence of drinking alcohol, and suffered injury such as the need for two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on traffic accidents and a report on actual condition;

1. An accident scene photograph;

1. The circumstantial statements of the host driver, the report on detection of the host driver, and the report;

참조조문